O-1 Visas For Extraordinary Achievement or Abilities

Who Qualifies?

The O-1A and O-1B visas are designed for individuals demonstrating extraordinary ability in their respective fields. Each category entails distinct achievement levels, with a requirement to satisfy at least three eligibility criteria. The O-1 categories are as follows:

O-1A: Individuals with an extraordinary ability in the sciences, education, business, or athletics (excluding the arts, motion pictures, or the television industry).

O-1B: Individuals with an extraordinary ability in the arts or extraordinary achievement in the motion picture or television industry.

O-2: Individuals accompanying an O-1 artist or athlete to assist in a specific event or performance.

To be eligible for the O-1A visa, you must demonstrate that you have received a major, internationally-recognized award, such as a Nobel Prize, or evidence of at least (3) three of the following:

• Receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor
• Membership in associations in the field for which classification is sought which require outstanding achievements, as judged by recognized national or international experts in the field
• Published material in professional or major trade publications or major media about the beneficiary related to the beneficiary’s work in the field for which classification is sought
• Original scientific, scholarly, or business-related contributions of major significance in the field
• Authorship of scholarly articles in professional journals or other major media in the field for which classification is sought
• A high salary or other remuneration for services or that the beneficiary will command a high salary or other remuneration for services as evidenced by contracts or other reliable evidence
• Participation on a panel, or individually, as a judge of the work of others in the same or in a field of specialization allied to that field for which classification is sought
• Employment in a critical or essential capacity for organizations and establishments that have a distinguished reputation.

 

To be eligible for the O-1B visa, you must demonstrate that you have received, or been nominated for, significant national or international awards or prizes in the particular field, such as an Academy Award, Emmy, Grammy or Director’s Guild Award, or evidence of at least (3) three of the following:

• Performed and will perform services as a lead or starring participant in productions or events which have a distinguished reputation as evidenced by critical reviews, advertisements, publicity releases, publications, contracts or endorsements
• Achieved national or international recognition for achievements, as shown by critical reviews or other published materials by or about the beneficiary in major newspapers, trade journals, magazines, or other publications
• Performed and will perform in a lead, starring, or critical role for organizations and establishments that have a distinguished reputation as evidenced by articles in newspapers, trade journals, publications, or testimonials.
• Demonstrated a record of major commercial or critically acclaimed successes, as shown by such indicators as title, rating or standing in the field, box office receipts, motion picture or television ratings and other occupational achievements reported in trade journals, major newspapers or other publications
• Received significant recognition for achievements from organizations, critics, government agencies or other recognized experts in the field in which the beneficiary is engaged, with the testimonials clearly indicating the author’s authority, expertise and knowledge of the beneficiary’s achievements
• Commanded a high salary or will command a high salary or other substantial remuneration for services in relation to others in the field, as shown by contracts or other reliable evidence.

 

To apply for the O-1 visa, the petitioner (agent or employer) is required to submit Form I-129 to USCIS, designating the applicant as the beneficiary. Additionally, a written advisory opinion from a peer group, inclusive of labor organizations, or an individual designated by the group possessing expertise in the beneficiary’s field of ability is mandatory. Following USCIS approval, the applicant can obtain a visa at a U.S. Consulate abroad. If the applicant has chosen to change status, they are permitted to stay in the U.S.

Family of Visa Holder

Spouses and children under the age of 21 can seek an O-3 visa, although employment in the United States is not permitted. However, they are eligible to pursue full or part-time studies while on an O-3 visa.